HomeMy WebLinkAboutMS 768A; Oathout, Cecil & Iola; 89-341659; Covenant1.990
RECORDING REQUESTED BY: 1 City of Carl sbad
WHEN RECORDED MAIL TO: 1
City of Carlsbad 1200 Elm Avenue Carl sbad, Cal i forni a 92008 1
1
-9 9 34 f659
COVENANT FOR EASEMENT (Government Code Article 2.7 commencing with Section 65870 of Chapter 4 of Division 1 of Title 7; Carlsbad Municipal Code Section 20.04.140)
NO Fg
1. Cecil iF5. Oathout and Iola D. Oathout hereinafter referred to as owner
creates a covenant for easement for the purpose stated in paragraph 5 hereof;
over, across and upon the real property described in paragraph 3 hereof for the
benefit of the property referred to in paragraph 4 hereof. This covenant for
easement may be released only according to the procedures established by 1 aw if
it is determined by the City that the covenant is no longer needed to achieve
the land use goals of the City.
2. This covenant for easement :’s required by a condition of apprcv;il
for a Minor Subdivision Number 768A issued by the City of Carlsbad located on
real property described in paragraphs 2 and 3 hereof.
3. The property burdened by this covenant for easement is described as
fol 1 ows :
The westerly 5‘ of the southerly 193.36’ of that portion of the NW 1/4 of Section 6, township 1/2 south, Range
4 West, San Bernardino Base and Meridian. According to United States Government Survey approved October 15, 1875 as described in deed recorded June 15, 1973 as document No. 73-163398 of offici a1 records a1 so indicated as a portion of Parcel 2 of proposed Minor Subdivision 768A.
4. The proparty benefitted by this covenant far easement is described
as foll ows:
The portion of the NW 1/4 of Section 6, township 12 south, Range 4 West, San Bernardino Base and Meridian
1991
according to United States Government Survey approved October 25, 1875 as described on deed recorded June 15,
1973 as document No. 73-163398 of official records a1 so indicated as parcel 1 of proposed Minor Subdivision
768A.
5. This covenant for easement provides for drainage over, across and
upon the burdened property for the benefit of the property benefited and shall
be enforceable by the City and the owner of the property benefited and any
successors in interest to the property benefitted by this covenant.
6. This covenant for easement shall run with the land, and the burdens
of the covenant shall be binding upon and the benefit of the easement shall
unure to the benefit of all successors to the real property.
GENERAL ACKNOWLEDGMENT NO. 201
On this the =bay of May 198q before me,
I the undersigned Notary Public, personally appeared
Cecil M. Oathout and Iola D. Oathout ************************************ * * *
* *
8 * * 3 My Commission Expires July 14, 1989 #*****$#**+************************
* OFFICIAL SEAL * personally known to me
t
*
GISELA HACSER
NOTkM’ PUBLIC-.C.I\L!FORNIA i 0 proved to me on the basis of satisfactory evidence
NOTAliY OW0 FILED IN to be the person(s) whose name(s) are subscribed to the
SAN DIEGO COUNTY within instrument, and acknowledged that they executed it.
Notary’s wnature
nro 122 NATIONAL NOTARY ASSOCIATION 0 23012 Ventura Elvd. 0 P.O. Box4625 0 Woodland Hills, CA 91365-4625
CERTIFICATION FOR ACCEPTANCE OF COVENANT FOR EASEMENT
This is to certify that the Covenant for Easement, dated
May 26, 1989 , from Cecil M. & Iola D. Oathout
to the City of
Carlsbad, California, a Municipal Corporation, is hereby accepted
by the City Council of the City of Carlsbad, California, pursuant to
Resolution No. 89-180 , adopted on June 20. 1989 9
and the grantee consents to the recordation thereof by its duly
authorized officer.
DATED: June 21, 1989